Sales conditions MIK
Every offer, sale and delivery shall be carried out in accordance with the terms and conditions set out below, to the exclusion of all other clauses in any document drawn up by the Buyer. The Buyer shall be deemed to have acknowledged and accepted these Terms and Conditions.
Divergent provisions are only binding if NV MIK has expressly accepted these provisions in writing.
Any price quotations may be subject to revision. The delivery dates are only provided for the customer’s information and do not constitute a legally binding obligation of result.
The Buyer shall inspect the goods immediately upon reception of the delivery. Complaints regarding the goods (which are perishable goods) shall only be admissible if they are submitted in writing to NV MIK no later than the first day after receipt of the delivery. Complaints must be formulated clearly and in full. The use of part of the delivery shall be construed as acceptance of the delivery.
Disputes relating to the invoice shall only be deemed admissibile if they are made no later than eight days after receipt of the invoice, by registered letter, to NV MIK. If NV MIK nonetheless chooses to respond to a complaint made after this date, this does not imply a waiver of the billing terms in general and of Art. 3 in particular. The view of NV MIK shall always be formulated without prejudice to any right and without implying any admission of liability.
Invoices are payable at the registered office of NV MIK within 15 days of the date stated on the invoice. Sums which are not paid on their expiration date will automatically give rise to payment of interest in accordance with the Law of 2 August 2002 to combat late payments in commercial transactions, without prior notice of default.
If the Buyer fails to pay after a formal notice, NV MIK is entitled to claim immediate payment of all outstanding invoices and all invoices to be drawn up, to suspend any further delivery without notification and to claim dissolution of the Agreement with compensation.
Payment with promissory notes and cheques shall only be accepted, subject to the explicit and prior approval by NV MIK. The Buyer shall incur any costs related to these promissory notes or checks, without prejudice to the applicability of these Terms and Conditions.
Sums that were not paid in full or in part on their due date will automatically give rise to payment of a non-reducible lump sum, on top of the outstanding balance of the invoice in lieu of compensation, without prior notice of default and as set out below.
This lump sum is 10% of the amount owed, with a minimum of 125 EUR without prejudice to the application of contractual interest as provided for in Art. 4 and the legal interests.
Art. 1231 (Belgian Civil Code). shall not be invoked; NV MIK can however choose to waive recovery of this compensation, in whole or in part.
The goods listed on the invoice may not be exported without written agreement from the producer.
Disputes shall be subject to the exclusive jurisdiction of the Courts of the District of Oudenaarde or, where applicable, the Court of the registered office of the contracting party of NV MIK.